Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.

Agnes and William Patersons
v.
Burnet of Barns

Date: 31 January 1700

Click here to view a pdf copy of this documet : PDF Copy

Agnes and William Patersons being creditors to the deceased Burnet of Barns, they convene this Barns as representing him passivè, in so far as he accepted a disposition with the burden of all his debts, and a faculty reserved, in case he should return to the kingdom, or have heirs of his own body; and repeated a reduction thereof as gratuitous and prejudicial to them, who were anterior lawful creditors. And the cause of the disposition being referred to his oath, he deponed he had it for several onerous causes, but shifted to answer that interrogatory, if they were adequate; but he offered to count and reckon, and instruct the onerosity, and, in so far as he fell short, he was content to be liable.

Some were for holding him as confessed, that the cause was not adequate to the value; and that any entering by such a disposition was a kind of heir and successor, and liable personally in valorem. Others thought he could not be reached himself; but only the heritage and estate was affected to the creditors, in quantum he was lucratus, or the value exceeded the onerous cause. But it came not to be decided at this time.

Vol. II. Page 85.